Enrile v Salazar; G.R. No. 92163; 05 Jun 1990; 186 SCRA 217

FACTS:
Petitioner was arrested on the strength of a warrant of arrest issued on an information charging him and three others with the complex crime of rebellion with murder and multiple frustrated murder committed during a failed coup d’état. Petitioner was taken to and held overnight at the NBI headquarters without bail, none having been recommended in the information and none fixed in the arrest warrant.

ISSUE(S):
Whether or not petitioner was deprived of his constitutional right to bail.

RULING:
YES. Holding that the Hernandez doctrine is applicable in the case at bar and that the information filed against the petitioners must be red as charging simple rebellion, a bailable offense. Thus, petitioner is entitled to bail before final conviction.

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Category: Legal Chyme

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